BILL NUMBER: SB 1339	CHAPTERED  09/26/00

	CHAPTER   677
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN ASSEMBLY   JUNE 7, 2000
	AMENDED IN SENATE   APRIL 6, 2000

INTRODUCED BY   Senator Figueroa
   (Coauthors:  Senators Rainey, Solis, and Sher)
   (Coauthors:  Assembly Members Aroner, Bock, Kuehl, Longville,
Strom-Martin, and Zettel)

                        JANUARY 6, 2000

   An act to add Section 4125 to the Business and Professions Code,
relating to pharmacies.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1339, Figueroa.  Pharmacy:  quality assurance program.
   The Pharmacy Law provides for the licensing and regulation of the
practice of pharmacy under the jurisdiction of the California State
Board of Pharmacy.
   This bill, on and after January 1, 2002, would require every
pharmacy to establish a quality assurance program that, at a minimum,
documents medication errors attributable, in whole or in part, to
that pharmacy or its personnel, as specified.  This bill would
provide that records generated and maintained for the quality
assurance program are not subject to discovery in arbitration, civil
actions, or other proceedings, except as specified.  This bill would
further provide that its provisions shall not prohibit a patient from
accessing the patient's own prescription records.
   Existing law generally makes it a misdemeanor to knowingly violate
the Pharmacy Law.  All other violations of that law are infractions
unless otherwise indicated.
   Because a violation of the bill's requirements regarding a quality
assurance program would be a crime, the bill would impose a
state-mandated local program by creating a new crime.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4125 is added to the Business and Professions
Code, to read:
   4125.  (a) Every pharmacy shall establish a quality assurance
program that shall, at a minimum, document medication errors
attributable, in whole or in part, to the pharmacy or its personnel.
The purpose of the quality assurance program shall be to assess
errors that occur in the pharmacy in dispensing or furnishing
prescription medications so that the pharmacy may take appropriate
action to prevent a recurrence.
   (b) Records generated for and maintained as a component of a
pharmacy's ongoing quality assurance program shall be considered peer
review documents and not subject to discovery in any arbitration,
civil, or other proceeding, except as provided hereafter.  That
privilege shall not prevent review of a pharmacy's quality assurance
program and records maintained as part of that system by the board as
necessary to protect the public health and safety or if fraud is
alleged by a government agency with jurisdiction over the pharmacy.
Nothing in this section shall be construed to prohibit a patient from
accessing his or her own prescription records.  Nothing in this
section shall affect the discoverability of any records not solely
generated for and maintained as a component of a pharmacy's ongoing
quality assurance program.
   (c) This section shall become operative on January 1, 2002.
  SEC. 2.  The California State Board of Pharmacy shall adopt
regulations on or before September 1, 2001, specifying the
requirements and implementation of quality assurance programs
established pursuant to Section 4125 of the Business and Professions
Code.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
